CITY OF COLUMBIA CITY COUNCIL WORK SESSION MINUTES JUNE 4, 2013 – 2:00 P.M. EAU CLAIRE TOWN HALL 3905 ENSOR AVENUE The Columbia City Council met for a Work Session on Tuesday, June 4, 2013 at the Eau Claire Town Hall located at 3905 Ensor Avenue, Columbia South Carolina. The Honorable Mayor Stephen K. Benjamin called the meeting to order at 2:18 p.m. The following members of Council were present: The Honorable Sam Davis, The Honorable Leona K. Plaugh, The Honorable Brian DeQuincey Newman, The Honorable Cameron A. Runyan and The Honorable Moe Baddourah. The Honorable Tameika Isaac Devine arrived at 2:30 p.m. Also present were Ms. Teresa B. Wilson, City Manager and Ms. Erika D. Moore, City Clerk. This meeting was advertised in accordance with the Freedom of Information Act. CITY COUNCIL DISCUSSION / ACTION 1. Façade Improvement Program – Ms. Tina Herbert, Executive Director of the Office of Business of Opportunities Ms. Tina Herbert, Executive Director of the Office of Business of Opportunities reported that the first application for phase two of the Façade Improvement Program was approved in February 2013. She said the program was funded from the Community Development Block Grant (CDBG) in the amount of $150,000 and next year, the program will be awarded $200,000. She reported having ten projects totaling $86,000 in public investment and $24,000 in private investment. She recommended that applications be considered for funding up to $10,000. She noted that the deadline is September 30, 2013 for the North Main corridor and there are fourteen (14) pending applications. Mayor Benjamin asked if all requests will be funded. Councilor Newman asked what else needed to be done to move to Two Notch Road. Ms. Tina Herbert, Executive Director of the Office of Business of Opportunities replied yes; an additional $100,000 was allocated from the Columbia Economic Renaissance Fund (CERF) for a total of $250,000. She said that moving to Two Notch Road would create a dilemma, because CDBG can only be used on one side of the road; a revitalization plan for Two Notch Road is not in the workflow; and staff would need a specific plan and insight on what we are looking to achieve in that area. She reported that they are working with the Planning and Development Services Department to identify the next target area. Councilor Davis said a plan was done for Two Notch Road by the East Central City Consortium and Benedict College has plans that can be used as a launching point. **Amendment to the Agenda WSM 06/4/2013 - Page 1 of 22 Ms. Teresa Wilson, City Manager encouraged Ms. Herbert to work with the business owners such as the Fish Company, because they desire to establish a formal business association on Two Notch Road. Ms. Tina Herbert, Executive Director of the Office of Business of Opportunities said that a business association would be critical to the Façade Improvement Program. Councilor Newman noted that there are overlapping development corporations in the area and other initiatives underway. Ms. Devine joined the meeting at 2:30 p.m. Councilor Plaugh asked about the thought process behind moving from one area to another on an annual basis. Ms. Tina Herbert, Executive Director of the Office of Business of Opportunities said that it was proposed by staff, but it was unrealistic; the program for North Main Street was extended; and the dates may be reevaluated at a later date. Councilor Davis suggested that they look at other resources to see if this is something to put in the toolbox for economic development. Mayor Benjamin commended staff for the implementation of the second phase and Council for working on one area at a time. He concurred with Mr. Davis’s recommendation to add this to the toolbox. Councilor Baddourah asked about the Façade Improvement Program committee. Ms. Tina Herbert, Executive Director of the Office of Business of Opportunities said that the committee was restructured and it’s full. **Councilor Davis recognized Mr. James Anderson. **Mr. Sam Johnson, Special Assistant to the Mayor recognized Mr. Aaron Taylor as one of the Mayor’s Fellows for this summer. He is a graduate from the University of South Carolina. 2. Funding Requests for External Organizations – Ms. Melissa Caughman, Budget Director Ms. Melissa Caughman, Budget Director reported that the forty (40) requests in the total amount of $1,340,322 were categorized into athletics, community service, health/wellness, homelessness, mentoring, operations, outreach and planning. Mayor Benjamin asked if any of the organizations are funded elsewhere in the city’s budget. **Amendment to the Agenda WSM 06/4/2013 - Page 2 of 22 Ms. Melissa Caughman, Budget Director said yes; Sister Care, Alston Wilkes, IT-Ology for POSCONN and USC Technology Incubator for building repairs. Mayor Benjamin asked if we currently handle building repairs for the Incubator. Ms. Teresa Wilson, City Manager said yes, but this request is for the boiler at 1225 Laurel Street. Councilor Devine asked if staff determined how the requests align with our strategic goals. Ms. Melissa Caughman, Budget Director said the categories should reflect how the requests align with our strategic goals, but the requests are not assigned to a specific goal. Councilor Davis said the Greenview Dolphin Swim Team is based at a city park; a city employee works with the team; they win events that cast a light on the city; and the amount is only $5,000. Mayor Benjamin asked if the city funds National Night Out. Ms. Melissa Caughman, Budget Director said that the Community Development Department and the Columbia Police Department do fund activities for National Night Out. Councilor Plaugh asked what the funding is for. Ms. Melissa Caughman, Budget Director said that it’s for clocks, snorkels and fins. Councilor Devine said we must be mindful that we have other swim teams. She suggested that they look at requests from organizations that Council has historically funded and whether or not there is a will of Council to continue to fund them and at what level. She said that will determine what is left for the other requests. She said they need to consider creative ways to fund others. She asked if Ms. Gober still conducts the Strength in Unity sessions and if all these groups are invited. Ms. Libby Gober, Assistant to City Council said they advertise the sessions to the general public and the next one will be conducted in the fall. Councilor Baddourah inquired about groups that may receive state and/or federal funding such as the HIV/Aids Council. Councilor Devine said that if we can’t support them financially, we may be able to connect them to other groups that can assist them. Councilor Plaugh said that some may be able to help others with fundraising. Councilor Runyan suggested that the homeless groups be removed from the list. **Amendment to the Agenda WSM 06/4/2013 - Page 3 of 22 Councilor Devine said it might be helpful to look at duplication of services that are provided by the city or one of our close partners. Mayor Benjamin asked the members of Council to present any additional requests to the City Manager and be prepared to make a decision at the next meeting. EXECUTIVE SESSION Upon a motion made by Ms. Plaugh and seconded by Mr. Baddourah, Council voted unanimously to enter into Executive Session at 3:00 p.m. for the discussion of Items 3 through 6 as outlined. 3. Receipt of legal advice which relates to a matter covered by attorney-client privilege This item was discussed in Executive Session. No action was taken. 4. Discussion of appointment of an employee - This item was discussed in Executive Session. No action was taken. 5. Discussion of negotiations incident to proposed contractual arrangements - This item was discussed in Executive Session. No action was taken. 6. Discussion of matters relating to proposed location or expansion of services to encourage location or expansion of industries or other businesses - This item was discussed in Executive Session. No action was taken. Council adjourned the Executive Session at 6:00 p.m. Respectfully submitted by: Erika D. Moore City Clerk **Amendment to the Agenda WSM 06/4/2013 - Page 4 of 22 CITY OF COLUMBIA CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 4, 2013 6:00 P.M. EAU CLAIRE PRINT BUILDING 3907 ENSOR AVENUE The Columbia City Council conducted a Council Meeting on Tuesday, June 4, 2013 at the Eau Claire Print Building located at 3907 Ensor Avenue, Columbia, South Carolina. The Honorable Stephen K. Benjamin called the meeting to order at 6:12 p.m. and the following members of Council were present: The Honorable Sam Davis, The Honorable Tameika Isaac Devine, The Honorable Leona K. Plaugh, The Honorable Brian DeQuincey Newman, The Honorable Cameron A. Runyan and The Honorable Moe Baddourah. Also present were Ms. Teresa B. Wilson, City Manager and Ms. Erika D. Moore, City Clerk. This meeting was advertised in accordance with the Freedom of Information Act. Please note that the minutes are numbered to coincide with the order of the meeting and may not reflect the order of the agenda as advertised. PLEDGE OF ALLEGIANCE Little Miss Tamia Devine led the audience in the Pledge of Allegiance. INVOCATION Mr. Jack Easterby, Executive Director of The Greatest Champion Foundation offered the invocation. PET OF THE WEEK Ms. Marli Drum, Superintendent of Animal Services introduced Biscuit, a playful and adorable kitten as the Pet of the Week. All animals are spay/neutered, micro-chipped, vaccinated and wormed. Canines are tested for heartworms and felines are tested for feline leukemia/aids. To view other animals available for adoption, visit www.petfinder.com. For more information, visit the Columbia Animal Shelter at 127 Humane Lane or call (803)776-7387. Mayor Benjamin said we work with our Animal Services Division and non-profits in an attempt to lower the number of pets being euthanized in our community. He said that we stepped up our adoption efforts very aggressively; Ms. Drum brings a dog or a cat that’s up for adoption to every meeting; and we put them on the web in an effort to find them a home. ADOPTION OF THE AGENDA Upon a motion made by Mr. Davis and seconded by Mr. Runyan, Council voted unanimously to adopt the agenda with the following amendments: MN 06/4/2013 Page 1 of 28 Defer consideration of the Minutes. Consider the Resolutions and Appointments prior to the Columbia Cares presentation. Consider the Budget Ordinances after the Columbia Cares presentation. PUBLIC INPUT RELATED TO AGENDA ITEMS No one appeared at this time. APPROVAL OF MINUTES 1. Special Called Meeting Minutes of March 26, 2013 – Consideration of this item deferred. 2. Meeting Minutes of April 9, April 16 and April 18, 2013 – Consideration of this item deferred. PRESENTATIONS National Homeownership Month Proclamation – Ms. Deborah Livingston, Director of the Community Development Department 3. Ms. Deborah Livingston, Director of the Community Development Department announced that June is National Homeownership Month. She presented Community Assistance Providers (CAP) with the 2nd Annual Partners in Excellence Award for providing a path for renters to obtain homeownership through extensive case management and quality housing for lower income residents. Mayor Benjamin and the members of Council presented Ms. Veronica Rodriquez, CEO of Community Assistance Providers with a proclamation declaring June as Homeownership Month in the City of Columbia. Ms. Veronica Rodriquez, CEO of Community Assistance Providers said they care a lot about the people they serve and it is fulfilling work. Mayor Benjamin congratulated Mr. Jamie Devine as the Vice President for Housing Development for Community Assistance Providers and Chairman of the Richland One Board of School Commissioners. OMG of Homeownership Workshop Ms. Deborah Livingston, Director of the Community Development Department invited the members of Council to the 2nd annual OMG (Owning, Maintaining and Gardening) of Homeownership Workshop on Saturday, June 22, 2013 from 8:45 a.m. until 1:00 p.m. at Midlands Technical College Northeast Campus on Powell Road. MN 06/4/2013 Page 2 of 28 Approval of “Operation Get Into Homeownership” Program Ms. Deborah Livingston, Director of the Community Development Department said that the Affordable Housing Loan Program, the Purchase Rehabilitation Program and the Loan Incentive Financing Enhancement (LIFE) Program were dedicated to targeted areas and they were asked by Ms. Plaugh to recommend one (1) neighborhood. She said they looked at available housing, transportation, shopping and major institutions in the five (5) targeted communities. They considered the Martin Luther King, Northwood Hills and South Edisto communities. She recommended that the Get Into Homeownership Program be implemented in the Martin Luther King Community. She said that it is a one (1) year initiative with almost $1 million dedicated to it. She noted that none of the qualification rules have changed. Councilor Plaugh asked for the rate and term of the city’s portion of the Purchase Rehabilitation Program. Ms. Deborah Livingston, Director of the Community Development Department said that the city’s portion is 100%, because it’s for people at 80% or below the Area Median Income and the rate would be 3% at this time; the rate of the LIFE Loan is always 1% below the bank’s rate to attract individuals up to 150% of the AMI; and all loans are for a term of 30 years. Councilor Devine asked how this will be promoted. She asked if there are houses for sale on the streets identified. Ms. Deborah Livingston, Director of the Community Development Department said there will be a press conference and other publications will be released. She said there are houses for sale and they will contact owners of properties that are being rented. She said they confined the program to Pine, Oak, Stark and Pendleton Streets, due to the limited amount of funding. Mayor Benjamin asked Ms. Livingston to talk about the loan portfolio. Ms. Deborah Livingston, Director of the Community Development Department said they have over 600 loans; the outstanding loan portfolio is $14 million; and only five (5) loans are past due by more than 90 days. Upon a motion made by Mr. Newman and seconded by Mr. Baddourah, Council voted unanimously to approve the implementation of the Get Into Homeownership Program for a one (1) year period in the Martin Luther King Community, focusing on Pine, Oak, Pendleton and Stark Streets. MN 06/4/2013 Page 3 of 28 Neighborhoods USA Update Ms. Deborah Livingston, Director of the Community Development Department said they made a wonderful presentation in hopes of bringing the 2015 NUSA Conference to Columbia, but it will be hosted in Houston. She announced that the Elmwood Park Neighborhood Association took first place for Neighborhood of the Year in the category for Physical Revitalization Beautification of a Single Neighborhood at the 2013 Neighborhoods USA 38th Annual Conference on Neighborhood Concerns in Minneapolis, MN. Mayor Benjamin and members of City Council presented the plaque and check to the residents of the Elmwood Park Neighborhood Association. 4. Introduction of The Greatest Champion Foundation – Mr. Jack Easterby, Executive Director of The Greatest Champion Foundation Mr. Jack Easterby, Executive Director of The Greatest Champion Foundation and Author of Click reported that a survey of high school students conducted by People Magazine found that the fourth most influential phrase was “coach said”. He said on the heels of professional Christian athletes and other faith based organizations they built The Greatest Champion Foundation in Columbia, South Carolina. They partner with coaches and athletes across the country to develop character within athletes. The goal is to build relationships with athletes and coaches through faith-based principles and secular and Christian materials. The website is www.thegreatestchampion.org. Councilor Runyan noted that on the day Marcus Latimore was drafted, he wore The Greatest Champion t-shirt from this organization. He said this organization has impacted a lot of lives by helping young athletes keep a proper perspective when dealing with challenging situations. 5. South Carolina Philharmonic Update – Mr. Morihiko Nakahara, Music Director for the SC Philharmonic Mr. Morihiko Nakahara, Music Director for the South Carolina Philharmonic thanked City Council for their continued support, trust and commitment to the arts community. He said they just wrapped up a successful 2012/2013 concert season. He reported the following information. In October, the 50th season will be celebrated with a Thank You Series. There will be collaborations with Trustus Theatre, Columbia Museum of Art and the Celebrate Freedom Foundation. They would like to thank the community by allowing youth ages 17 and younger to attend the standard masterworks concerts at the Koger Center free of charge and by offering $5 rush tickets for college students. In February, they will continue the Link Up Program for more than 7,000 students in partnership with Carnegie Hall’s Weill Institute. He said the city’s support allows them to entertain, educate, enrich and excite diverse audiences throughout the Midlands and beyond. MN 06/4/2013 Page 4 of 28 6. Creative Journey Program – Ms. Brenda Oliver, Cultural Arts Specialist for the Parks and Recreation Department Mr. Jeff Caton, Director of Public Works said that it is a privilege and an honor to work in a community and a profession that affords us the opportunity to make a difference in the lives of the citizens that we serve. He said they are here to share the Creative Journey Program that is being offered through the Parks and Recreation Department Arts Program. Ms. Brenda Oliver, Cultural Arts Specialist for the Parks and Recreation Department introduced the Creative Journey Program, which was designed to provide soldiers in the Wounded Warrior Transition Unit with artistic opportunities. She recognized Ms. Suzy Shealy, a gold star mother and a self-taught artist. She explained that a team of trained volunteers go to Fort Jackson every second Monday of the month to do pottery or drawings and paintings with the soldiers. She recognized all volunteers and partners that work to make the program successful. Major Yanity, Commander of the Wounded Warrior Transition Unit at Fort Jackson said they are having a lot of fun and she thanked City Council for allowing this partnership to continue, because it’s making a difference. She said it’s not therapy, it’s an opportunity for artistic expression and the soldiers are grasping it. She said that the program will be expanded during the summer to include the soldiers’ families. She invited the members of Council to participate in the program. RESOLUTIONS 7. Resolution No.: R-2013-021(Revised) – Authorizing the City Manager to execute an Intergovernmental Agreement for Bulk Water Service to the Town of Winnsboro and an Agreement with the Town of Winnsboro mutually agreeing to terminate the existing Agreement between the Town of Winnsboro and the City of Columbia authorized by Resolution R-2012-025 – Approved Upon a motion made by Mr. Runyan and seconded by Mr. Davis, Council voted unanimously to approve Resolution No.: R-2013-021– Authorizing the City Manager to execute an Intergovernmental Agreement for Bulk Water Service to the Town of Winnsboro and an Agreement with the Town of Winnsboro mutually agreeing to terminate the existing Agreement between the Town of Winnsboro and the City of Columbia authorized by Resolution R-2012-025. 8. Resolution No.: R-2013-058 – Authorizing consumption of beer and wine beverages only at the 3 Rivers Music Festival – Approved Upon a motion made by Mr. Newman and seconded by Mr. Davis, Council voted unanimously to approve Resolution No.: R-2013-058 – Authorizing consumption of beer and wine beverages only at the 3 Rivers Music Festival. MN 06/4/2013 Page 5 of 28 APPOINTMENTS 9. Accommodations Tax Advisory Committee Upon a motion made by Ms. Devine and seconded by Mr. Newman, Council voted unanimously to appoint Ms. Edna Langley as a representative of the hospitality industry and Mr. Raj Champerneri as a representative of the lodging industry on the Accommodations Tax Advisory Committee for a two (2) year term. 10. Citizens Advisory Committee Upon a motion made by Ms. Devine and seconded by Mr. Newman, Council voted unanimously to appoint Dr. Anthony Morgan as an at-large representative to the Citizens Advisory Committee for a four (4) year term. 11. Municipal Election Commission Councilor Baddourah nominated Mr. Pete Kennedy. Mayor Benjamin nominated Professor Susan Kuo, USC School of Law. He noted that Byron Gipson, Esq. of Johnson, Toal and Battise serves as Chair of the Municipal Election Commission; Jay Bender, Esq. and Professor at the USC School of Law was appointed a month ago; and this will be the third appointment. He outlined Professor Kuo’s credentials. Councilor Devine said she is concerned, because this is the first election since changing the date to November and based on some of the correspondence received from Richland County, we may not have a certain semblance of support; having the attorneys on the Municipal Election Commission for this round will serve us very well considering the issues the county had. A motion made by Mr. Baddourah and seconded by Ms. Plaugh to approve the appointment of Mr. Pete Kennedy to the Municipal Election Commission failed by a vote of three (3) to four (4). Voting aye were Mr. Davis, Ms. Plaugh and Mr. Baddourah. Voting nay were Ms. Devine, Mr. Newman, Mr. Runyan and Mayor Benjamin. Upon a motion made by Mayor Benjamin and seconded by Mr. Runyan, Council voted five (5) to two (2) to approve the appointment of Professor Susan Kuo to the Municipal Election Commission for a six (6) year term. Voting aye were Ms. Devine, Ms. Plaugh, Mr. Newman, Mr. Runyan and Mayor Benjamin. Voting nay were Mr. Davis and Mr. Baddourah. Councilor Devine stated that we have great applicants for the Boards and Commissions. She encouraged Mr. Kennedy to look at other opportunities to serve. MN 06/4/2013 Page 6 of 28 PRESENTATIONS 12. Columbia Cares: Moving Towards the Goal – The Honorable Cameron A. Runyan Councilor Runyan presented Columbia Cares: Moving Towards the Goal. He defined the issue as having a high concentration of poverty in the city core. He said that efforts were built with large dependence on government funding, but federal funding is being cut and the city’s budget is being tightened. He noted that there is an enormous desire to help the least among us. He outlined the following goals that derived from the meetings held with stakeholders: coordinate the response; bring humanity to the response; leverage the power of the community; institutionalize accountability for the providers; meet the unique needs of the individuals in need; address community impacts downtown; and other goals as cited during the public sessions. He categorized the homeless as physically and mentally impaired; receptive; and unreceptive, noting that you have to deal with all of them. He noted that some are addicted; situational or ex-offenders. He said there is a lot of money coming in, but it is not being used in the most efficient way. He stated that there is a diverse group on the streets, because it is a social environment. He said once you remove the homeless off the street, you will be able to see who the criminals are. He provided several options for response. He explained that the self-pay option is a transitional housing component. He outlined a community response and help module as a path forward. He noted that providers must also move towards the goal. He said there must be a network consisting of a welcome center serving as the gateway to the system. He said that law enforcement must aggressively enforce existing laws requiring those in violation to enter the system; go to jail; or leave town. He outlined phase two of the network as a retreat located 10 to 15 miles outside of the city, which will replace the emergency shelter. He said that in the maintenance stage, the system will always be a response to the need and efficiently capture the capacity already being provided through funded programs; and it awards excellence among providers. He suggested that the system be funded through the network of providers already being funded by city, federal and private funds; utilize the city’s existing winter shelter facility as an interim stop gap; recapture payments currently being lost such as food stamps, housing, disability, etc.; seek private donations; leverage the power of volunteerism; and seek additional partnerships. He said that new programs would have to further the city’s visions and goals. He asked Council to endorse the six goals as put forth by the community. Mr. Runyan made a motion to endorse the following six (6) goals as put forth by the community: coordinate the response; bring humanity to the response; leverage the power of the community; institutionalize accountability for the providers; meet the unique needs of the individuals in need; and address community impacts downtown. The motion was seconded by Mayor Benjamin. Councilor Plaugh asked who the goals are for. Councilor Runyan said the goals are for all of us; the community, the city, the providers; this is City Council’s opportunity to endorse the vision set forth by the voters of this city. MN 06/4/2013 Page 7 of 28 Councilor Devine said they are just seeing this tonight and while they may be able to universally agree on the goals, there might be questions regarding the bullet points under each goal; she is not sure that all of the goals presented during the forums could be unified. She expressed concerns about penalizing an institution because a person relapsed and had to reenter the system. She agreed that goals and a broad long-range process are needed. She also expressed concerns about the committee Council chose to work on this for over a year. She would like to hear people’s opinions on the goals. She said that it is difficult to see how this will play out without having additional information and without hearing from the partners that will be held to these standards. Councilor Runyan clarified that Council is only being asked to approve the goals, not the bullet points; the bullet points were the comments made relative to each goal. Councilor Davis concurred with Ms. Devine, noting that he has always been concerned with the lack of coordination and turf protection, which resulted in the providers focusing on a given area. He said this area was the place to go and to force service providers to work with this new facility brings us right back to the same thing. He said that he didn’t see anything in the strategy to eliminate those facilities that are contiguous to neighborhoods. Councilor Runyan said that it is addressed in goal six. Councilor Davis continued to say that this area was targeted and saturated with boarding homes and similar facilities. He said he is not prepared to address this tonight. He said the idea of a retreat tends to make sense, but the proposal for that type of facility away from the core has always been rejected. Councilor Baddourah agreed with his colleagues, stating that this was dumped on their laps and they should not take action tonight. He inquired about the liability of the city when a neighbor calls the police and a person is taken to the triage unit. Councilor Runyan said we are not in those weeds; there will be a time for that discussion down the road. Mayor Benjamin urged Mr. Runyan to give Councilmembers time to digest this. He asked Mr. Runyan to reiterate the point about mental health funding, because that is partially driving the concerns with the timeline. Councilor Runyan also asked Council to endorse a Request for Proposals (RFP) for solutions through a four week process starting on Monday, June 10, 2013 through Friday, July 5, 2013. Councilor Davis said that organizations are already in the business of providing services and how do you identify the ones that aren’t working and the ones that are. He has no issues with the goals, but he is concerned that Housing First won’t get a fair shake. MN 06/4/2013 Page 8 of 28 Councilor Runyan said if it works, it gets rewarded. Councilor Devine noted that she has additional questions about the RFP. Mayor Benjamin left the meeting at 7:55 p.m. and Mayor Pro-Tempore Newman is now presiding. Councilor Runyan stated that the RFP is asking the service providers to help us solve this problem and he is not pushing for any new money. He believes that we can do this with what we have and we can begin to divest ourselves from obligations like the Winter Shelter. Councilor Devine said that she still has concerns about the Homeless Advisory Committee; they have additional information to present to Council in July. She asked what message does this send to the committee and people who have been working on this for over a year. She said we are creating another process that doesn’t include them. Councilor Runyan said this would include them, because the community has now illuminated what their top six (6) goals are. He said that we unfairly sent the committee out to solve homelessness without a vision, but now we have those and they can look at what they’re doing in the framework of the community’s collective voice. Councilor Devine said they did not give the committee a general broad goal to solve homelessness; the charge was to ask providers with some input from community members to identify things that Council needed to be aware of and they addressed a lot of those things in their interim report. She said the committee has been doing great work and there has been cohesion that we’ve never seen before, but that cohesion has disintegrated since this process began. She understands the time constraints with the mental health process, but we don’t have to fully endorse the Request for Proposals and risk throwing out the things this committee has done. Councilor Runyan said the process has been very transparent; we are not looking to kick off a new process; whatever we do should move towards our shared vision. Councilor Devine asked if this is a process. Asking for proposals for solutions is not a process? Councilor Runyan stated it’s not a process; it’s illuminating six goals and laying out a vision for this city; and asking service providers to help us solve our shared problems. Councilor Devine asked that the Homeless Advisory Committee be scheduled to present a report to Council in July. A committee this council appointed. Councilor Runyan asked clarification on whether this committee was appointed by Council. MN 06/4/2013 Page 9 of 28 Councilor Devine replied yes. We appointed them and charged them and now before their final report is due, we are saying we are going in another direction. She noted that Dr. Parker gave a detailed interim report prior to the forums, but he did not speak at the forums. He did not speak at those forums. She asked if any of that was placed in Mr. Runyan’s report to Council. Councilor Runyan said yes; it’s all there. Ms. Teresa Wilson, City Manager asked if there are any budgetary implications for the upcoming fiscal year, noting that it will take more to run the shelter year round. Councilor Runyan said no. Councilor Devine noted that Council approved an additional $50,000 for Transitions, but it was not included in the presentation. Councilor Davis said that he is not comfortable endorsing anything until Council hears from the Homeless Advisory Committee; it is an issue of credibility. He said that there is a component where they effectively deal with people with mental health challenges. He yielded and suggested that we move the agenda along. A motion made by Mr. Runyan and seconded by Mayor Benjamin, to endorse the following six (6) goals as put forth by the community: coordinate the response; bring humanity to the response; leverage the power of the community; institutionalize accountability for the providers; meet the unique needs of the individuals in need; and address community impacts downtown, was withdrawn. Councilor Runyan asked that we place the six (6) goals on the agenda for a vote in two weeks. He agreed to send the presentation to the members of Council. BUDGET ORDINANCES – FIRST READING Click here for the Proposed Budget as presented on May 21, 2013 13. Ordinance No.: 2013-046 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 15, Parks and Recreation, Sec. 15-5 User fees – The Public Hearing was held on May 21, 2013. – Approved on first reading by a vote of three (3) to two (2). Councilor Plaugh said the fee increases affect everyone, except non-profits that get a fee reduction. She understands the logic in making our facilities available to service providers and others, but Council should have a discussion on how to balance that, because there is no equality. She noted that a lot of services are provided to our nonprofit community. She asked if we should be making those kinds of adjustments. Councilor Baddourah asked who uses the park and who pays the fees. He said you want MN 06/4/2013 Page 10 of 28 to be careful about who can afford the increases. He inquired about the amount of revenue that will be generated. Mr. S. Allison Baker, Senior Assistant City Manager said it is anticipated that there will be a $75,000 increase in revenue. He recalled that six (6) years ago the fees were not set by an ordinance and once the ordinance was enacted, Council wanted to keep the fees low. He said that the department is increasing program fees to offset their expenses. He noted that the fee structure is low in comparison to other organizations. Councilor Baddourah asked what the survey said about our fees. Mr. S. Allison Baker, Senior Assistant City Manager said the survey found that citizens are willing to pay fees for some services. Councilor Plaugh noted that the department needs the ability to waive the fees at times for city affiliated groups; nothing in the ordinance gives them the authority to; and we need to give them the authority to implement that. Mr. S. Allison Baker, Senior Assistant City Manager said they have worked on language for a fee waiver. He noted that they sponsor or co-sponsor the use of our facilities by other groups He supports eliminating a non-profit fee. He expressed concerns about providing language in the ordinance that gives the City Manager or her designee the opportunity to waive fees for the use of real estate. Councilor Davis said there are community groups that want to use facilities, but they can’t pay the fee. He said that some users want to participate in free-play, but they can’t if they aren’t in a league. Mr. S. Allison Baker, Senior Assistant City Manager said there is scheduled time for public play, even during league play. He noted that they do not waive support fees, which cover the set up for events. Upon a motion made by Mr. Davis and seconded by Ms. Devine, Council voted three (3) to two (2) to give first reading approval to Ordinance No.: 2013-046 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 15, Parks and Recreation, Sec. 15-5 User fees. Voting aye were Mr. Davis, Mr. Runyan and Mr. Newman. Voting nay were Ms. Plaugh and Mr. Baddourah. Ms. Devine was not present for the vote. 14. Ordinance No.: 2013-059 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 9, Fire Prevention and Protection to add Article V Hazardous Materials – The Public Hearing was held on May 21, 2013. – Approved on first reading. Mr. Davis made a motion to give first reading approval to Ordinance No.: 2013-059 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, MN 06/4/2013 Page 11 of 28 Chapter 9, Fire Prevention and Protection to add Article V Hazardous Materials. The motion was seconded by Mr. Baddourah. Councilor Plaugh asked if this ordinance refers to inspections that we are currently performing and how many inspections are we making. Mr. Aubrey Jenkins, Fire Chief said yes; we should be inspecting 125 businesses. He explained that businesses will be required to obtain a permit and they will need to be inspected. Councilor Plaugh inquired about the different categories. Mr. Aubrey Jenkins, Fire Chief explained that Category C includes gas stations; Category B includes Sam’s, Providence Hospital and AT&T; and Category A would include businesses like Quaker. Councilor Plaugh asked how much revenue would be generated from inspections and how much would be generated from hazardous materials. Mr. Aubrey Jenkins, Fire Chief said they are estimating $18,000 in initial fees and $14,000 in renewals based on the current database. Councilor Plaugh asked if we are prepared to handle additional inspections and what liabilities do we have if we fail to conduct inspections and there’s an incident? Mr. Aubrey Jenkins, Fire Chief replied there would be no more liability than we have now. Councilor asked about the section of the code that requires the inspections. Mr. Aubrey Jenkins, Fire Chief responded that it’s in the International Fire Code that the City adopted. Councilor Plaugh noted that there is also some language that needs to be cleaned up. Councilor Baddourah said that he is concerned about the fees for small businesses; we already have a reputation of not being business friendly. He likes that the Fire Department will be able to recoup hazardous material expenses, but he is not in favor of adding any fees and will not be able to support this ordinance. Mr. Aubrey Jenkins, Fire Chief said that Richland County is doing this. He asked Council not to look at this as another tax being put on businesses; it takes a burden off of the taxpayers. He said this ordinance allows us to recoup our costs for responding to incidents that involve the Fire Department and the Columbia Police Department. He reported that during the last incident, they used six (6) hazmat suits that cost $1,100 each and they cannot use them again; it tied up a lot of resources from both the Fire and Police Departments. He noted that responding to a hazardous material incident is not the same MN 06/4/2013 Page 12 of 28 as responding to a house fire. Councilor Davis appreciates what Chief Jenkins wants to do, because he saw what it requires to provide hazmat response. Councilor Runyan asked if we can seek retroactive recovery costs inside city limits and if an insurance carrier would cover that cost. Mr. Kenneth E. Gaines, Esq., City Attorney said we don’t have the ability to recoup fees and he would imagine that a carrier would have coverage. He explained that this ordinance gives you the right to recoup the fee; a methodology to calculate the fee; and it gives you the right to file a civil action to recover the fee. He said the proposed fees can be reduced. He noted that these are the same fees collected by Richland County. Councilor Runyan asked if it would be more efficient to capture the cost on the back end. Ms. Teresa Wilson, City Manager said that it is captured on the back end based on FEMA guidelines. Mr. Harry Tinsley, Deputy Fire Chief clarified that the cost recovery portion will be incident driven. He noted that there were eleven (11) incidents during this fiscal year; four (4) were in the city limits. He said they could have recovered up to $25,000. He said the fee ensures that business owners make application annually and provide information about the hazards at that site. He said they are trying to capture that information on the front end to mitigate risk to the public. Councilor Runyan said knowing what’s in the facilities is what mitigates the risks. He asked if we can impose a mandatory registration without a fee. Councilor Newman asked what the budgetary implications are if we don’t enact this ordinance. Councilor Baddourah said he has no concerns with a $25 application fee for a permit. Councilor Devine clarified that businesses in the county pay this fee, but businesses in the city don’t. She recalled that this was discussed in budget workshops and Council should have expressed their desire to not move forward prior to advertising the budget. She asked what happens if this ordinance isn’t passed. Ms. Teresa Wilson, City Manager said we would absorb it; Chief Jenkins sent an earlier email indicating that this is not being done to generate revenue, but it is more about public safety. MN 06/4/2013 Page 13 of 28 Councilor Devine asked if a public hearing is needed to add a penalty. Mr. Kenneth E. Gaines, Esq., City Attorney stated a public hearing is only needed when fees are involved; not for infractions. Mr. Aubrey Jenkins, Fire Chief said that the penalty would need to start at $361 in compliance with a uniform summons. Ms. Teresa Wilson, City Manager asked Chief Jenkins to work with the Chief Financial Officer and Business License Administrator to coordinate and educate the business owners on this. Councilor Baddourah sought to amend the motion to substitute Section 9-105 Registration and Fees Required, to add free registration and a penalty for not registering. Mr. Kenneth E. Gaines, Esq., City Attorney said they will replace the fees with the infraction language. Upon an amended motion made by Mr. Baddourah and seconded by Mr. Davis, Council voted unanimously to give first reading approval to Ordinance No.: 2013-059 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 9, Fire Prevention and Protection to add Article V Hazardous Materials, subject to amending section 9-105 to remove the required registration fee and add a penalty for businesses that do not register. 15. Ordinance No.: 2013-065 – To Raise Revenue and Adopt the Budget for the City of Columbia, South Carolina, for the Fiscal Year ending June 30, 2014 – The Public Hearing was held on May 21, 2013. – Approved on first reading. Councilor Plaugh said that she will not be able to support the budget, because we are spending more money than we are generating in this budget; we added a $2 million transfer in from our balance, because we increased expense such as salaries for police, fire and 911; the cost of living increase is another million dollars; and that’s $2 million that could have been used to implement a compensation and classification study. She said we have no basis under which we are offering salary adjustments for the public safety employees; it is important that all employees be compensated. She said we reduced the transfer from the Water and Sewer Fund by $250,000 and we didn’t transfer what we normally transfer into the storm drainage account; we reduced capital funding by $200,000 after hearing from our consultant about the inventory of our parks. She said we don’t have enough money flowing into our capital projects. She said Bull Street is not in our capital improvement plan; we increased non-water and sewer related charges; and those things don’t affect the operation of our water and sewer system. She said all of those things added to the transfer exceed the cap we set at 5%. She is worried about the growth and prosperity of this city long-term, but she will not be able to support this budget. MN 06/4/2013 Page 14 of 28 Councilor Baddourah concurred with Ms. Plaugh about using fund balance to balance the budget. He expressed concerns about not equally funding the Police and Fire Departments and the water and sewer transfer has always been an issue. He said for those reasons, he can’t support this budget. Upon a motion made by Mr. Davis and seconded by Ms. Devine, Council voted four (4) to two (2) to give first reading approval to Ordinance No.: 2013-065 (Revised) – To Raise Revenue and Adopt the Budget for the City of Columbia, South Carolina, for the Fiscal Year ending June 30, 2014. Mr. Davis, Ms. Devine, Mr. Newman and Mr. Runyan voted aye. Ms. Plaugh and Mr. Baddourah voted nay. OTHER MATTERS 16. Neighborhood Street Lighting Request - Approved Neighborhoods Listed by Priority The Enclave Subdivision Existing Lights Requeste d Lights 11 6 Current Lease Cost / Annually $27.26 Increased Amount $1,962.72 Total Year to Date $19,359.60 Upon a motion made by Ms. Devine and seconded by Mr. Newman, Council voted unanimously to approve the Neighborhood Street Lighting Request for the Enclave Subdivision. CONSENT AGENDA Councilor Plaugh requested to pull item #12 from the consent agenda. Councilor Devine requested to pull item # 29 from the consent agenda. Upon a motion made by Mr. Runyan and seconded by Mr. Baddourah, Council voted unanimously to approve the Consent Agenda Items 18 through 32 and 34 through 39. Items 17 and 33 were approved on by separate motions. CONSIDERATION OF BIDS, AGREEMENTS and CHANGE ORDERS 17. Council is asked to approve the Greenview Park Master Plan, as requested by Utilities and Engineering. Award to Kimley-Horn and Associates, Inc. in an amount not to exceed $60,000.00. This vendor is located in Raleigh, NC. Funding Source: JL PK006304 GL 4039999. – Note: Counsilman-Hunsaker, an OBE firm located in St. Louis, MO will provide the pool design and engineering expertise at 50% of the contract value – Approved Councilor Plaugh said the description leaves you to believe that we intend to prepare documents to replace an enclosed pool or build a replacement pool. She said there were funds for replacing the pool; the community asked for an enclosed pool; we looked at master planning for the park; and the $60,000 is coming from funds set aside for MN 06/4/2013 Page 15 of 28 remodeling the pool. She asked about the expectations of the community, because there are no funds available for an enclosed pool. Councilor Davis explained that there was an agreement that we would not attempt to repair the pool; we met in the community; and we committed to making them a part of the process, which included them being members of the vendor selection process. He said there is no specific design on the facility and this process is to get the architects and engineers to look at what they have to work with at the park. Councilor Plaugh recalled that the consultant on our recreation plan recommended that we prioritize our resources based on the needs of our facilities. She asked if this will be an enclosed pool. Mr. S. Allison Baker, Senior Assistant City Manager said we committed to that community that we would go through a planning process; there is the desire from some residents to have an enclosed aquatic facility; and this process is intended to take us from where we are. He stated that a master planning process needs to take place at Greenview Park. Upon a motion made by Mr. Davis and seconded by Mr. Runyan, Council voted unanimously to approve the Greenview Park Master Plan, as requested by Utilities and Engineering. Award to Kimley-Horn and Associates, Inc., in the amount not to exceed $60,000.00. This vendor is located in Raleigh, NC. Funding Source: JL PK006304 GL 4039999. – Note: Counsilman-Hunsaker, an OBE firm located in St. Louis, MO will provide the pool design and engineering expertise at 50% of the contract value. 18. Council is asked to approve Capital Improvement Project SD8401; An Agreement for Engineering Services for Design Services to Replace the Existing Bridge at 93 King Charles Road, as requested by Utilities and Engineering. Award to Chao & Associates, Inc., in amount not to exceed $63,000.00. This vendor is located in Columbia, SC. Funding Source: Stormwater Capital Fund, 5549999-SD840101658660 – Note: This project will be performed using the following subconsultants: GS2 Engineering and Environmental Consultants, Inc., located in Columbia, SC will perform Geotechnical Services at 4.76% of the contract value. The original budgeted amount of this project is $65,000.00. – Map – Approved 19. Council is asked to approve Capital Improvement Project SD8403; Hampton Street Storm Drainage and Roadway Emergency Repair Improvements, as requested by Utilities and Engineering. Award to Lake Murray Utility, the lowest, responsive and responsible bidder in the amount of $89,325.00. This vendor is located in Chapin, SC. Funding Source: 5534210-638300 – Note: The purpose of this emergency project is to remove, replace and repair the collapsed area of Hampton Street. The existing pipe and feeder tunnel had cracks/voids etc. that had been eroding over time (years). There was a project of similar scope approximately 100-LF upstream a year ago. The magnitude of the velocity going through the pipe during the high intensity storm event on Tuesday afternoon MN 06/4/2013 Page 16 of 28 (5/21) eroded the soil through the cracks causing a pipe failure and large cave in of the pedestrian sidewalk. – Map – Approved 20. Council is asked to approve Mentor Protégé Program Project WM4261-01; Construction of new water mains and connections to existing water mains, fire hydrants and existing services at Chapin Town Hall, as requested by Utilities and Engineering. Award to Trussell Bros. Construction Company, Inc., the lowest, responsive and responsible bidder in the amount of $142,353.25. This vendor is located in Columbia, SC. Funding Source: Water Main Improvement Fund; 5529999-658650 / WM426101-658650 – Note: Corley Construction (Protégé) located in Irmo, SC is implementing 19% ($22,550.00) of the contract value. The original budgeted amount for this project is $193,052.00. – Map – Approved 21. Council is asked to approve Change Order #1 for Capital Improvement Project SS711502; Congaree River Sewer Force Main, as requested by Utilities and Engineering. Award to DS Utilities, Inc., in the amount of $242,208.00.This vendor is located in Little Mountain, SC. Funding Source: Sewer Improvement Fund. Note: This change order was initiated by the City to perform additional work associated with modifications to the pipe alignment. The contract is extended is to July 9, 2013. – Map – Approved 22. Council is asked to approve Capital Improvement Project SS6833; An Agreement for Engineering Services for Piney Grove Sewer Pump Station Improvements, as requested by Utilities and Engineering. Award to Brown & Caldwell, Inc., (Mentor) in an amount not to exceed $183,500.00. This vendor is located in Columbia, SC. Funding Source: Sewer Capital Fund, 5529999-SS83301-6586600 – Note: This project will be performed using the following sub-consultants: Construction Support Services (Protégé), an MBE firm located in Columbia, SC will perform Surveying, Easements and Plats Services at 3.22% of the contract value; Howard Engineering, an FBE firm located in Marietta, SC will perform Electrical Engineering Services at 4.14% of the contract value; and Terracon Consultants, Inc., an OBE firm located in Columbia, SC will perform Geotechnical Engineering Services at 6.02% of the contract value. The original budgeted amount for this project is $250,000.00 - Approved 23. Council is asked to approve the Purchase of One (1) Vacuum Jet Rodding Machine Truck and Accessories, as requested by the Waste Water Maintenance Division. Award to Public Works Equipment and Supply, Inc., using the National Joint Powers Alliance Contract in the amount of $299,905.98. This vendor is located in Monroe, NC. Funding Source: Utilities Waste Water /Auto, Truck, Heavy Equipment-Capital, 5516205-658500- Approved ORDINANCES – SECOND READING 24. Ordinance No: 2013-047 – Amending Ordinance 2013-024 granting an encroachment to the State of South Carolina Budget and Control Board to include demolition and removal of an existing concrete apron and sidewalk areas, and MN 06/4/2013 Page 17 of 28 installation and maintenance of landscaping, sod, an irrigation system, two (2) shepherd style light poles, a ground lighting system and sidewalk in the right of way area adjacent to the Calhoun Building located at 1015 Sumter Street, Richland County TMS #11304-01-01 – First reading approval was given on May 21, 2013 – Approved on second reading. 25. Ordinance No.: 2013-066 – Granting an encroachment to Wine Down for placement and maintenance of three (3) tables and six (6) chairs for use by its patrons for outdoor dining during normal business hours within the sidewalk right of way between the curbed garden areas adjacent to the parking meters immediately in front of their business at 1520-B Main Street – First reading approval was given on May 21, 2013– Approved on second reading. 26. Ordinance No.: 2013-067 – Granting an encroachment to WWJ, LLC for demolition and removal of existing landscaping and pavement, relocation of existing utilities, and for the installation and maintenance of landscaping, an irrigation system, sidewalks with two (2) handicap ramps, a driveway, two (2) bike racks, HDPE pipe, one storm drainage junction box, and concrete headwall and footing within the right of way areas of the 500 block of College Street, 900 Block of Pulaski Street and 500 block of Pendleton Street adjacent to 520 Pendleton Street, Richland County TMS #08911-03-03 and 08911-03-14 – First reading approval was given on May 21, 2013– Approved on second reading. ANNEXATION WITH MAP AMENDMENT – SECOND READING 27. 1501 Hallbrook Drive and NX1501 Hallbrook Drive, TMS# 19100-02-04 and 08; request to annex and zone the property RS-2 (Single Family Residential). The property is zoned RS-MD (Single Family Residential – Medium Density) in Richland County. – First reading approval was given on May 21, 2013– Approved on second reading. Council District: 4 Proposal: Annex and zone property RS-2 (Single Family Residential). Secondary Area Applicant: Trinity Assembly of God PC Recommendation: Approve RS-2 zoning, (6-0) 04/01/13 Staff Recommendation: Approve Ordinance No.: 2013-052 – Annexing 1501 Hallbrook Drive, Richland County TMS #19100-02-04 and 19100-02-08 – First reading approval was given on May 21, 2013 – Approved on second reading. 28. 124 and 126 S. Assembly Street, TMS# 11301-04-14 and -19; request to annex and zone the property M-1 (Light Manufacturing with Flood Protective Overlay). The property is zoned M-1 (Light Manufacturing) in Richland County. – First reading approval was given on May 21, 2013– Approved on second reading. Council District: 2 MN 06/4/2013 Page 18 of 28 Proposal: Applicant: PC Recommendation: Staff Recommendation: Annex and zone property M-1, -FP (Light Manufacturing with Flood Protective Overlay). Secondary Area Chase Company Approve M-1, -FP zoning, (8-0) 03/04/13 Approve Ordinance No.: 2013-053 – Annexing 124 South Assembly Street and 126 South Assembly Street, Richland County TMS #11301-04-14 and 11301-04-19 – First reading approval was given on May 21, 2013– Approved on second reading. 29. 201 South Assembly Street, TMS# 11301-15-03; request to annex and zone the properties M-1, FP (Light Industrial with Flood Protective Overlay). The property is zoned M-1 (Light Industrial) in Richland County. – First reading approval was given on May 21, 2013– Approved on second reading. Council District: 2 Proposal: Annex and zone property M-1, -FP (Light Manufacturing with Flood Protective Overlay). Secondary Area Applicant: Chase Company PC Recommendation: Approve M-1, -FP zoning, (6-0) 04/01/13 Staff Recommendation: Approve Ordinance No.: 2013-054 – Annexing 201 South Assembly Street, Richland County TMS #11301-15-03 – First reading approval was given on May 21, 2013– Approved on second reading. 30. 601 Bush River Road, TMS# 07304-01-10; request to annex and zone the property C-3 (General Commercial). The property is zoned GC (General Commercial) in Richland County. – First reading approval was given on May 21, 2013– Approved on second reading. Council District: 2 Proposal: Annex and zone property C-3 (General Commercial). Secondary Area Applicant: Michael E. Hutchins PC Recommendation: Approve C-3 zoning, (6-0) 04/01/13 Staff Recommendation: Approve Ordinance No.: 2013-055 – Annexing 601 Bush River Road, Richland County TMS #07304-01-10– First reading approval was given on May 21, 2013– Approved on second reading. 31. 120 Clemson Road, TMS# 25608-01-38; request to annex and zone the property C-3 (General Commercial). The property is zoned GC (General Commercial) in MN 06/4/2013 Page 19 of 28 Richland County First reading approval was given on May 21, 2013– Approved on second reading. Council District: 4 Proposal: Annex and zone property C-3 (General Commercial). Primary Area Applicant: Michael E. Hutchins PC Recommendation: Approve C-3 zoning, (6-0) 04/01/13 Staff Recommendation: Approve Ordinance No.: 2013-056 – Annexing 120 Clemson Road, Richland County TMS #25608-01-38 – First reading approval was given on May 21, 2013– Approved on second reading. 32. 18 Dandridge Court, TMS# 13715-01-14; request to annex and zone the property RS-1 (Single Family Residential). The property is zoned RS-LD (Single Family Residential – Low Density) in Richland County. – First reading approval was given on May 21, 2013– Approved on second reading. Council District: 4 Proposal: Annex and zone property RS-1 (Single Family Residential). Secondary Area Applicant: Barbara A. Beeler and Mark R. Anderson PC Recommendation: Approve RS-1 zoning, (6-0) 04/01/13 Staff Recommendation: Approve Ordinance No.: 2013-057 – Annexing 18 Dandridge Court, Richland County TMS #13715-01-14 – First reading approval was given on May 21, 2013– Approved on second reading. MAP AMENDMENT – SECOND READING 33. E/S Clemson Road at N/S Earth Road, TMS# 25700-04-02; request to rezone from C-3 (General Commercial) to C-3 with AS (arterial street sign) overlay. – First reading approval was given on May 21, 2013 by a vote of six (6) to one (1). – Approved on second reading by a vote of four (4) to two (2). Council District: 4 Proposal: Rezone property from C-3 to C-3 with AS overlay (40 ft. x 40 ft.) Applicant: Blake Valentine, Lamar Advertising PC Recommendation: Approve C-3 with AS zoning (7-0) 03/04/13 Staff Recommendation: Approve Councilor Devine said she voted for this on first reading, but she has concerns with putting a digital billboard at this location. She said the two (2) lanes turn into (1); drivers speed to merge; some drivers are turning left onto Earth Road; and it will further distract drivers. MN 06/4/2013 Page 20 of 28 Councilor Plaugh asked if they heard from any community members. She noted that this is commercial property. Ms. Krista Hampton, Director of Planning and Development Services acknowledged that one (1) resident expressed concern at the Planning Commission meeting. Councilor Newman noted that last year, the Council of Governments voted to create four (4) lanes from I-20 to the Sandhills in the future and other traffic calming measures will be installed. Upon a motion made by Mr. Newman and seconded by Mr. Davis, Council voted four (4) to two (2) to give second reading approval to the Map Amendment at E/S Clemson Road at N/S Earth Road, TMS# 25700-04-02; request to rezone from C-3 (General Commercial) to C-3 with AS (arterial street sign) overlay. Mr. Davis, Ms. Plaugh, Mr. Newman and Mr. Runyan voted aye. Ms. Devine and Mr. Baddourah voted nay. 34. 100 block/305 Veterans Road, TMS# 16406-06-06 (p) 16406-06-07and -07; request to rezone from C-1 (Office/Institutional) to C-2 (Neighborhood Commercial). – First reading approval was given on May 21, 2013 by a vote of six (6) to one (1). – Approved on second reading. Council District: 4 Proposal: Rezone property from C-1 to C-2 Applicant: James Kassler PC Recommendation: Approve C-2 zoning, (8-0) 03/04/13 Staff Recommendation: Deny 35. 4400 Fair Street, TMS# 09211-05-01; request to rezone from RS-3 (Single Family Residential) to C-1 (Office & Institutional). – First reading approval was given on May 21, 2013– Approved on second reading. Council District: 1 Proposal: Rezone property from RS-3 to C-1 Applicant: Eau Claire Cooperative Health PC Recommendation: Approve C-1 zoning, (6-0) 04/01/13 Staff Recommendation: Approve CASE WITH MAP AMENDMENT AND TEXT AMENDMENT – SECOND READING 36. (A. Map Amendment) 1626 Main Street, TMS# R09014-04-18; request to rezone from C-5 (Central Business District), -DD (-Design/Development) to C-5 (Central Business District), -DD (-Design/Development) -DP (Design Preservation). – First reading approval was given on May 21, 2013– Approved on second reading. MN 06/4/2013 Page 21 of 28 Council District: Proposal: Applicant: PC Recommendation: Staff Recommendation: 2 Rezone property from C-5, -DD to C-5, DD, -DP Krista M. Hampton, Director of Planning and Development Services Approve C-5, -DP zoning, (6-0) 04/01/13 Approve (B. Text Amendment) Amend §17-691 (c) to designate 1626 Main Street, TMS# 09014-04-18 as a Group II Landmark Council District: 2 Proposal: Request for Group II Landmark Designation Applicant: Krista M. Hampton, Director of Planning and Development Services DDRC Recommendation: Approve, (8-0) 02/14/13 PC Recommendation: Approve, (6-0) 04/01/13 Staff Recommendation: Approve Ordinance No.: 2013-044 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article V, Historic Preservation and Architectural Review, Division 4, Landmarks, Sec. 17-691 Buildings and sites list, (C), to add 1626 Main Street, TMS #09014-04-18 – First reading approval was given on May 21, 2013– Approved on second reading. TEXT AMENDMENT – SECOND READING 37. Amend §17-258 Table of Permitted Uses (Division I) (Services), 88 Private Households to delete High-rise use category; and Delete §17-304 – High-rise residential developments in its entirety. – First reading approval was given on May 21, 2013– Approved on second reading. Proposal: Amend §17-258 Table of Permitted Uses (Division I) (Services), 88 Private Households to delete High-rise use category; and Delete §17-304 – High-rise residential developments in its entirety. Applicant: K. Brian Cook, Zoning Administrator PC Recommendation: Approve (6-0) 04/01/13 Staff Recommendation: Approve MN 06/4/2013 Page 22 of 28 Ordinance No.: 2013-049 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Division 9, Supplementary District Regulations, to delete in its entirely Sec. 17-304 High-rise residential developments, and Sec. 17-258 Table of permitted uses, SIC 88 Private Households 8811.2 to permanently delete High-rise – First reading approval was given on May 21, 2013– Approved on second reading. ORDINANCES – FIRST READING 38. Ordinance No.: 2013-045 – Amending Ordinance 2009-032 granting an encroachment to Arnold Construction Corporation for installation and maintenance of landscaping, an irrigation system, driveway, patio, guard rail, electrical service lines and a dumpster pad within the right of way area of the 700 block of Washington Street adjacent to their building at 1331 Gadsden Street to allow Southern Realty Development Corporation to install and maintain a wooden deck with railing and steps and enlarge the driveway within the right of way area adjacent to 1331 Gadsden Street and the right of way area of the 700 block of Washington Street adjacent to 1331 Gadsden Street, Richland County TMS #09009-08-03 – Approved on first reading. Upon a motion made by Ms. Devine and seconded by Mr. Runyan, Council voted unanimously to give first reading approval to Ordinance No.: 2013-045 – Amending Ordinance 2009-032 granting an encroachment to Arnold Construction Corporation for installation and maintenance of landscaping, an irrigation system, driveway, patio, guard rail, electrical service lines and a dumpster pad within the right of way area of the 700 block of Washington Street adjacent to their building at 1331 Gadsden Street to allow Southern Realty Development Corporation to install and maintain a wooden deck with railing and steps and enlarge the driveway within the right of way area adjacent to 1331 Gadsden Street and the right of way area of the 700 block of Washington Street adjacent to 1331 Gadsden Street, Richland County TMS #09009-08-03. 39. Ordinance No. 2013-063 – Granting encroachment to AgFirst Farm Credit Bank Data Center for removal of a tree, existing asphalt driveway and a portion of the existing sidewalk, and for installation and maintenance of a concrete driveway, sidewalk, four (4) trees, landscaping and an irrigation system within the right of way area adjacent to its building at 1115 Calhoun Street, Richland County TMS #09015-02-01 – Approved on first reading. Upon a motion made by Ms. Devine and seconded by Mr. Runyan, Council voted unanimously to give first reading approval to Ordinance No. 2013-063 – Granting encroachment to AgFirst Farm Credit Bank Data Center for removal of a tree, existing MN 06/4/2013 Page 23 of 28 asphalt driveway and a portion of the existing sidewalk, and for installation and maintenance of a concrete driveway, sidewalk, four (4) trees, landscaping and an irrigation system within the right of way area adjacent to its building at 1115 Calhoun Street, Richland County TMS #09015-02-01. CITY COUNCIL COMMITTEE REPORTS/REFERALS 40. Economic & Community Development Committee May 28, 2013 Report Councilor Davis reported that the Economic and Community Development Committee received an update on the implementation of the Disparity Study recommendations. The discussion included input from John Dooley, former Director of Utilities and Engineering and Ronald Taylor of Taylor Brothers Construction. There was a review of the Centralized Bidder Registration and believe that the recommendations from Franklin Lee, Esq. are being followed; however, there are recommendations that staff needs to look at and tweak. There were questions regarding the intended goal of the Disparity Study and staff clearly articulated that. He said that the City Manager wanted to continue to look at bonding and capacity and staff will bring back recommendations. Councilor Plaugh said that under the previous direction of Council, staff was focused on the implementation of the consultant’s recommendations and they have not been able to look openly at what the solutions might be. The committee asked staff to not limit the conversation to those recommendations, but broaden that and look at specific outcomes, definable goals and objectives to achieve what we are trying to achieve. 41. Environment & Infrastructure Committee May 28, 2013 Report Councilor Devine said the Environment and Infrastructure Committee reviewed parking on River Drive, because there were concerns from residents about River Drive being used as a cut through. She said it is a wide two lane road, but due to its width, it lends itself to a lot of speeding. She noted that residents also park on River Drive and residents want to address parking and traffic calming. The road is owned by the South Carolina Department of Transportation (SCDOT). The committee recommended that staff look at immediately painting parking spaces on River Drive to create the visual effect of a narrow driving lane. She asked that staff look at other traffic calming opportunities on River Drive to include bump outs and stop signs. She suggested that it may be necessary to engage our State Representatives and DOT Commissioners. MN 06/4/2013 Page 24 of 28 Upon a motion made by Ms. Devine and seconded by Ms. Plaugh, Council voted unanimously to endorse the Environment and Infrastructure committee’s recommendation to add additional parking spaces on River Drive and to request recommendations from staff on long term traffic calming solutions. Mr. Davis was not present for the vote. Councilor Devine stated that she and staff met with the Vista Guild a few weeks ago and they discussed various concerns. She noted that Robert Anderson and Missy Gentry are looking at some of the things and will bring back recommendations. She said that it was apparent that some of their concerns are not city staff issues, but are for a property owner or neighborhood to address. She said they discussed the possibility of a Business Improvement District. She noted that the City Center Partnership has talked about a way that the three (3) entertainment districts to include Five Points, the Vista and others could work together to maximize the contract and have something similar to the Clean and Safety Team. She said they have a proposal from Block by Block. Upon a motion made by Ms. Plaugh and seconded by Mr. Davis, Council voted unanimously to refer a review of the proposal from Block by Block to the Arts and Historic Preservation Committee to determine if there is an opportunity to adopt the proposal or a portion thereof to help our entertainment districts. 42. Administrative Policy Committee May 21, 2013 Report Councilor Plaugh said the Administrative Policy Committee received an update on the implementation of the Ethics Policy and it will be something the public can take advantage of once our new website is launched. She suggested that they schedule an update from the Human Resources Director to the full Council at that point. The committee also received an update on Kronos, the time and attendance software that staff is working on. The committee discussed special exception language used by the Board of Zoning Appeals. She said there are currently four (4) criteria and the committee recommends adding the following language as the fifth: “A public safety or the creation of nuisance condition or the creation of other conditions detrimental to the public interest or likely to result in increased law enforcement response.” The committee hopes that this will give the Board of Zoning Appeals the ability to look at these kinds of uses that can create a nuisance in a community, going forward. She noted that once Council approves this amendment to the code, it will go to the Planning Commission. Upon a motion made by Ms. Plaugh and seconded by Mr. Baddourah, Council voted unanimously to amend the criteria for special exceptions to include the following exception: “A public safety or the creation of nuisance conditions or the creation of other conditions detrimental to the public interest or likely to result in increased law enforcement response.” MN 06/4/2013 Page 25 of 28 APPEARANCE OF THE PUBLIC Dr. Germon Miller announced that she was recognized by the World Head of Family Sokeship Council, an elite and prestigious worldwide Marital Arts Grandmasters/Masters Organization; she is the first female to receive this award. She reported that the City of Columbia Parks and Recreation staff conducted asset mapping in Latimore Manor, Lorick Park, Pinehurst Community and the Hyatt Park area to talk about the 100 Days of Nonviolence. She reported that they canvassed 125 blocks. She announced that the Parks and Recreation Department is looking for young parents to participate in different classes through the RICH Program. Ms. Haiyan Lin expressed concerns about the city’s judicial system and the separation of power. She reported having a serious problem with the court system and the Police Department. She asked to make an appointment with Council members to open her file and discuss this serious matter. She said that Council needed to evaluate judge misconduct, process abuse and one person controlling three (3) departments. Councilor Newman suggested that Ms. Lin obtain Council’s contact information from the city’s website and talk with Assistant Chief Wiser so that he can start the process. Councilor Devine asked Ms. Ellen Cooper to speak about the charge from Council to the Homeless Advisory Committee; the concerns that the committee had at the last meeting regarding the perception of the direction Council is going in without hearing from the committee; and the committee reporting to Council in July. Ms. Ellen Cooper, Member of the Homeless Advisory Committee and President of the Coalition of Downtown Neighborhoods said the Homeless Advisory Committee consists of representatives from four (4) different groups: service providers, faith community, and government and neighborhood representatives. She said that not every provider, neighborhood, or member of the faith community is represented. She said they were charged with looking at what the city was providing, particularly the $1 million that was being spent to determine if there was a better way to spend that money and if there was a way to spend less. She said they have divided into subcommittees to also look at what other cities are doing; the sanitation problem; the arrangement of meals; and several other things. She said they will present the report to Council in July to highlight things that can be done to solve part of this problem. She said they would like to think that Council would wait until the committee brings back its report on July 9, 2013, before they make a decision. Councilor Runyan asked the City Clerk to pull the original charge that Council made to the committee. MN 06/4/2013 Page 26 of 28 Councilor Devine stated that Council may not have given the committee a specific charge; it was for information gathering and recommendations. Ms. Ellen Cooper, Member of the Homeless Advisory Committee and President of the Coalition of Downtown Neighborhoods said that Mr. Gantt was the City Manager at that time and he met with the committee to discuss what he hoped they would do. Dr. Marie Faltas said the city is not allowed to have a court or judges or to pass ordinances and legislation criminalizing misconduct. She said you’ve been appointing Municipal Judges in the dark and you cannot combine administrative and judicial functions; there should be separation of powers. She said there should be a public process for the consideration of judges. She said that she came before Council three (3) years ago and Council promised to have an internal affairs investigation, but nothing has happened. She said that inspectors cannot go onto private property, especially when her land has do not trespass signs. She asked that this be submitted to SLED, but nothing has been done. She reported seeing officers in Municipal Court not wearing badges. She insisted that there has to be a mentality of discipline. She asked how the review of Municipal Judges to include Judge Turner will be conducted. Upon a motion made by Mr. Runyan and seconded by Ms. Devine, Council voted unanimously to adjourn the meeting at 10:01 p.m. Respectfully submitted by: Erika D. Moore City Clerk MN 06/4/2013 Page 27 of 28 Meeting Dates June 18, 2013 June 25, 2013 July 9, 2013 Type of Meeting Meeting Times Work Session Eau Claire Town Hall – 3905 Ensor Avenue Council Meeting Budget Ordinances Second Reading Eau Claire Print Building – 3907 Ensor Avenue 2:00 p.m. Environment & Infrastructure Committee Meeting Parking Services Conference Room – 820 Washington Street Economic & Community Development Committee Meeting Parking Services Conference Room – 820 Washington Street 9:00 a.m. Work Session Earlewood Community Center - 1113 Parkside Drive District I Evening Meeting Earlewood Community Center - 1113 Parkside Drive Zoning Public Hearing Earlewood Community Center - 1113 Parkside Drive 2:00 p.m. 6:00 p.m. 2:00 p.m. 6:00 p.m. 7:00 p.m. MN 06/4/2013 Page 28 of 28